Duty on Documents and Transfers Act (Cap. 364)
Duty on Documents and Transfers Act (Cap. 364), article 57
57. ( 1 )T h e A d m i n i s t r a t i v e R e v i e w T r i b u n a l s h a l l b e
competent to hear and determine appeals in accordance with the
provisions of article 58.
(2) The provisions of the Administrative Justice Act , in so far
as they apply to the Administrative Review Tribunal, shall appl y to
any proceedings before the said Tribunal and the words "public
administration" in the said enactment shall be construed as a
reference to the Commissi oner for Tax and Customs.
Cap. 490.(3) The provisions of article 25 of the Administrative Justice
Act shall apply to any proceedings pending before the Board of
Special Commissioners for Duty on Documents and Transfers any
such proceedings shall be assign ed to the Administrative Review
Tribunal in terms of the aforesaid article 25 with effect from 1st
September, 2009.
(4) Any pending appeal before the Board of Special
Commissioners for Duty on Documents and Transfers constituted
under this Act prior to the abolition of the said Board shall c ontinue
to be heard before the Administrative Review Tribunal and any
appeal which under this Act could be made before the Board of
Special Commissioners for Duty on Documents and Transfers shall
be made before the Tribunal.
(5) Any pending appeal before the Board of Special
Commissioners for Duty on Documents constituted under the Duty
on Documents Act* prior to the abolition of the said Board, shall
continue to be heard before the Tribunal and any appeal which
under the Act could be made before the Board of Special
Commissioners for Duty on Documents shall be made before the
Tribunal.
(6) Any appeal pending on 1st September, 2009 before the
Court of Appeal from a decision of the Board of Special
Commissioners for Duty on Documents and Transfers and any
appeal pending on 1st September 2009 before the Court of Appeal
from a decision of the Board of Special Commissioners for Duty on
Documents shall continue to be heard by that Court, provided th at
*Repealed by the Duty on Documents and Transfers Act (Cap. 364)
52 CAP. 364.] DUTY ON DOCUMENTS AND TRANSFERS
if the said Court were to annul a decision of any one of the Bo ards
aforesaid and remit it back to any one of the said Boards, the
remittance shall be made to the A dministrative Review Tribunal
which shall hear and deci de that case accordingly.
(7) The Commissioner shall publish all decisions given by the
Tribunal on points of law.
(8) The Tribunal shall have power to summon any person to
give evidence or to produce books or other documents before it,
and the Chairperson shall have power to administer the oath to any
person appearing before the Tribunal:
Provided that no person shall, by virtue of this sub-article,
be obliged to disclose information in respect of which the said
person is under the duty of professional secrecy.
S.L. 364.05
Cap. 490.
(9) The Appeals (Board of Special Commissioners for Duty on
Documents) Rules shall, until repealed or substituted in terms of
the Administrative Justice Act , continue to apply to the Tribunal
when hearing appeals previous ly lodged before the Board of
Special Commissioners for Duty on Documents and Transfers.
Appeals to the
Tribunal.
Amended by:
L.N. 245 of 2009;
XIII. 2015.103.
Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.